Assault & Battery

At the law office of O’Hara & O’Hara L.L.C. we represent clients who are arrested, cited, charged, or indicted for Assault and Battery crimes. We pride ourselves on offering professional attention to every case. Our lawyers are experienced and aggressive in Assault and Battery cases, and are not afraid to fight for our clients. We have been fighting for our clients for over 60 years.

We know how important it is for an individual to avoid a criminal record which could affect their career regarding Assault and Battery. Our Attorneys provide our clients with smart, zealous, dedicated, caring, and hardworking representation.

We handle Assault and Battery cases in City, State, and Federal Courts throughout the State of Kansas. Our office is located in Wichita, Kansas. We work hard to protect the rights and the futures of our clients.

CONTACT OUR OFFICE AND SPEAK TO A LAWYER TODAY. INITIAL CONSULTATIONS ARE FREE.
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Kansas Aggressive Assault or Battery Criminal Defense

At O’Hara & O’Hara L.L.C. one of our areas of focus is Assault and Battery Criminal Defense law. Assault and Battery offenses can be complex and provide many legal issues. Our lawyers provide experienced, aggressive, and intelligent representation to our clients.

At the law office of O’Hara & O’Hara L.L.C. our clients come first and we will do what it takes to defend and uphold your rights. Our attorneys have represented many clients who have faced Assault and Battery charges. In some instances, it is possible to resolve the case without going to trial. However, if the prosecutor is not willing to be reasonable, we are fully prepared to take the case to trial. We will do what is in our client’s best interests. Since deciding to settle or take the case to trial is always our client’s decision, we will supply the legal advice needed to help our clients make an informed and intelligent decision.

Kansas Assault

The following are the Assault statutes for the State of Kansas:

21-3408 Assault.

Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.

Assault is a class C person misdemeanor.

21-3409 Assault of a law enforcement officer.

(a) Assault of a law enforcement officer is an assault, as defined in K.S.A. 21-3408 and amendments thereto:

(1)  Committed against a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer’s duty; or

(2)  committed against a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty.

(b)  Assault of a law enforcement officer is a class A person misdemeanor.

21-3410 Aggravated assault.

Aggravated assault is an assault, as defined in K.S.A. 21-3408 and amendments thereto, committed:

(a)  With a deadly weapon;

(b)  while disguised in any manner designed to conceal identity; or

(c)  with intent to commit any felony.

Aggravated assault is a severity level 7, person felony. A person convicted of aggravated assault shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and amendments thereto.

21-3411 Aggravated assault of a law enforcement officer.

(a) Aggravated assault of a law enforcement officer is an aggravated assault, as defined in K.S.A. 21-3410 and amendments thereto:

(1)  Committed against a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer’s duty; or

(2)  committed against a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty.

(b)  Aggravated assault of a law enforcement officer is a severity level 6, person felony. A person convicted of aggravated assault of a law enforcement officer shall be subject to the provisions of subsection (g) of K.S.A. 21-4704, and amendments thereto.

Kansas Battery

The following are the Battery statutes for the State of Kansas:

21-3412 Battery.

(a) Battery is:

(1)  Intentionally or recklessly causing bodily harm to another person; or

(2)  intentionally causing physical contact with another person when done in a rude, insulting or angry manner.

(b)   Battery is a class B person misdemeanor.

21-3412a Domestic battery. [See Revisor’s Note]

(a) Domestic battery is:

(1)  Intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or

(2)  intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.

(b)  (1)  Upon a first conviction of a violation of domestic battery, a person shall be guilty of a class B person misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment and fined not less than $ 200, nor more than $ 500 or in the court’s discretion the court may enter an order which requires the person enroll in and successfully complete a domestic violence prevention program.

(2)  If, within five years immediately preceding commission of the crime, a person is convicted of a violation of domestic battery a second time, such person shall be guilty of a class A person misdemeanor and sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $ 500 nor more than $ 1,000. The five days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted must serve at least five consecutive days’ imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for domestic violence prevention.

(3)  If, within five years immediately preceding commission of the crime, a person is convicted of a violation of domestic battery a third or subsequent time, such person shall be guilty of a person felony and sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $ 1,000 nor more than $ 7,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment. The court shall require as a condition of parole that such person enter into and complete a treatment program for domestic violence. If the person does not enter into and complete a treatment program for domestic violence, the person shall serve not less than 180 days nor more than one year’s imprisonment. The 90 days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program.

(c)  As used in this section:

(1)  Family or household member means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

(2)  for the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section:

(A)  “Conviction” includes being convicted of a violation of this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;

(B)  “conviction” includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;

(C)  only convictions occurring in the immediately preceding five years including prior to the effective date of this act shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and

(D)  it is irrelevant whether an offense occurred before or after conviction for a previous offense.

(E)  A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits only twice during any three-year period.

21-3413 Battery against a law enforcement officer.

(a) Battery against a law enforcement officer is:

(1)  Battery, as defined in subsection (a)(2) of K.S.A. 21-3412, and amendments thereto, committed against: (A) A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or (B) a uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, a juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer’s duty; or

(2)  battery, as defined in subsection (a)(1) of K.S.A. 21-3412, and amendments thereto, committed against: (A) A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or (B) a uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, a juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer’s duty; or

(3)  battery, as defined in K.S.A. 21-3412, and amendments thereto, committed against: (A) A state correctional officer or employee by a person in custody of the secretary of corrections, while such officer or employee is engaged in the performance of such officer’s or employee’s duty;

(B)  committed against a juvenile correctional facility officer or employee by a person confined in such juvenile correctional facility, while such officer or employee is engaged in the performance of such officer’s or employee’s duty;

(C)  committed against a juvenile detention facility officer or employee by a person confined in such juvenile detention facility, while such officer or employee is engaged in the performance of such officer’s or employee’s duty; or

(D)  committed against a city or county correctional officer or employee by a person confined in a city holding facility or county jail facility, while such officer or employee is engaged in the performance of such officer’s or employee’s duty.

(b)  Battery against a law enforcement officer as defined in subsection (a)(1) is a class A person misdemeanor. Battery against a law enforcement officer as defined in subsection (a)(2) is a severity level 7, person felony. Battery against a law enforcement officer as defined in subsection (a)(3) is a severity level 5, person felony.

(c)  As used in this section:

(1)  “Correctional institution” means any institution or facility under the supervision and control of the secretary of corrections.

(2)  “State correctional officer or employee” means any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution.

(3)  “Juvenile correctional facility officer or employee” means any officer or employee of the juvenile justice authority or any independent contractor, or any employee of such contractor, working at a juvenile correctional facility, as defined in K.S.A. 2007 Supp. 38-2302, and amendments thereto.

(4)  “Juvenile detention facility officer or employee” means any officer or employee of a juvenile detention facility as defined in K.S.A. 2007 Supp. 38-2302, and amendments thereto.

(5)  “City or county correctional officer or employee” means any correctional officer or employee of the city or county or any independent contractor, or any employee of such contractor, working at a city holding facility or county jail facility.

21-3414 Aggravated battery.

(a) Aggravated battery is:

(1)  (A)  Intentionally causing great bodily harm to another person or disfigurement of another person; or

(B)  intentionally causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or

(C)  intentionally causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or

(2)  (A)  recklessly causing great bodily harm to another person or disfigurement of another person; or

(B)  recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted.

(b)  Aggravated battery as described in subsection (a)(1)(A) is a severity level 4, person felony. Aggravated battery as described in subsections (a)(1)(B) and (a)(1)(C) is a severity level 7, person felony. Aggravated battery as described in subsection (a)(2)(A) is a severity level 5, person felony. Aggravated battery as described in subsection (a)(2)(B) is a severity level 8, person felony. A person convicted of aggravated battery shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and amendments thereto.

21-3415 Aggravated battery against a law enforcement officer.

(a) Aggravated battery against a law enforcement officer is:

(1)  An aggravated battery, as defined in subsection (a)(1)(A) of K.S.A. 21-3414 and amendments thereto, committed against: (A) A uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer’s duty; or (B) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty;

(2)  an aggravated battery, as defined in subsection (a)(1)(B) or (a)(1)(C) of K.S.A. 21-3414 and amendments thereto, committed against: (A) A uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer’s duty; or (B) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or

(3)  intentionally causing, with a motor vehicle, bodily harm to: (A) A uniformed or properly identified state, county or city law enforcement officer while the officer is engaged in the performance of the officer’s duty; or (B) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty.

(b)  (1)  Aggravated battery against a law enforcement officer as described in subsection (a)(1) or (a)(3) is a severity level 3, person felony.

(2)  Aggravated battery against a law enforcement officer as described in subsection (a)(2) is a severity level 4, person felony.

(3)  A person convicted of aggravated battery against a law enforcement officer shall be subject to the provisions of subsection (g) of K.S.A. 21-4704 and amendments thereto.

Proven Assault & Battery Defense Results in Wichita, Kansas

We will defend you or your loved ones criminal case aggressively. Our experienced Assault or Battery Criminal Defense Attorneys take pride in their work and their case results reflect their dedication to the client. Regardless if you or your loved one has been charged with, being investigated for or accused of assault and/or battery, you need aggressive representation immediately.

Contact an Experienced Kansas Assault Defense Lawyer

We know that criminal charges are difficult, requiring hard work and dedication on the part of a defense lawyer. We work hard to protect the rights and the futures of our clients. We offer a free Assault & Battery consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.

Contact us at 316.263.5601 for a consultation to discuss your legal options regarding Assault & Battery. Or stop by to visit us at our office at: 1223 East First Street – Wichita, Kansas 67214


O'Hara & O'Hara L.L.C. is a Law Office in Wichita, Kansas, that represents clients facing Criminal Defense law, Family Law, and Immigration Law cases throughout the State of Kansas.